TERMS & CONDITIONS
1. All prices quoted are valid for 30 days.
2. Lead times quoted are an estimate only as provided by suppliers and may vary. Customers will be notified as soon as practicable of any changes.
3. A 30% deposit must be paid upon placement of order. Orders will not be placed until a full deposit is paid. A five (5) day cooling off period applies to standard orders, after which deposits are non-refundable.
4. Custom made items require a 50% deposit and are subject to a three (3) day cooling off period, after which deposits are non-refundable.
5. Following the cooling off period the customer takes full responsibility for their choice of timber, stain, fabric, leather, glass colour and size of product, as Oliver Birch will not refund, replace, exchange or credit as a result of change of mind or incorrect choice.
6. Australian and recycled timber ranges are made from natural feature grade timbers and veneer. Each piece of furniture may contain natural timber features such as: knots, gum vein, small splits, colour variation, fiddle back grain, borer holes, crown cut grain, squiggly worm, etc. These features are a result of the harsh environmental conditions these magnificent trees have endured in their natural habitat. For instance gum vein in a growth ring shows the tree survived a bushfire that year. Drought, flood or even insect attack all leave their mark. Variations may occur between stock viewed at Oliver Birch and orders. In the case of dispute the matter shall be referred to the supplier to determine natural feature grade or manufacturers fault. Oliver Birch will not be held liable for variations in natural feature grade.
7. The layby period is 8 weeks. Extension to the layby term may only be granted by written permission from the store manager.
8. If goods are not fully paid for and collected within 4 weeks of the agreed layby finalisation date, goods will be returned to stock. Any monies paid may be used for future purchases.
9. If the purchaser cancels a layby and the supplier has not breached the agreement a termination fee of 20% of total layby (or $20.whichever is greater) will be charged.
FLOORSTOCK CLEARANCE ITEMS
10. Floor stock Clearance items are purchased in the condition as displayed. Any soiling should be noted at point of sale and there will be no refund, exchange, credit or replacement due to such condition, incorrect choice or change of mind. Layby is not offered for floor stock clearance items reduced by 25% or more.
11. Delivery is available for large items (approximately 5 km radius of CBD) with nominated carrier. For delivery costs (including costs to areas outside the Bendigo CBD area) please consult an Oliver Birch team member for price on application.
12. Deliveries are conducted by approved external carriers
13. All prices quoted are for standard deliveries with reasonable access. If items purchased are required to be carried up stairs or into other areas with limited access please notify Oliver Birch and we will provide with a quote for your particular circumstances. The use of any additional equipment to assist in deliveries (e.g. scissor lifts, crane etc.) shall be the responsibility of the customer to arrange and pay for hire of.
14. Oliver Birch’s team and approved external carriers are experienced at manoeuvring furniture. However in cases of a high possibility of injury or damage to purchased items the team may refuse to deliver the goods until alternative arrangements can be made.
15. It is the responsibility of purchaser to ensure that the items that you have purchased fit inside your building. (Hint – Allow an additional 15% to all measurements given on your quotation). If an item cannot be delivered due to incorrect measurements in your building you (the customer) will be charged a restocking fee of 25% of purchase price and freight costs both ways.
16. Oliver Birch is not responsible for any damage or delayed deliveries caused by an outsourced delivery or installation company.
17. If the customer requests split delivery of the purchase, charges will apply to second and subsequent deliveries.
18. If the customer elects to collect their order, they must provide sufficient resources to lift and manoeuvre their item/s. Oliver Birch takes no responsibility for items once they leave our premises. The customer is responsible for all checking, packing and transport.
19. If the customer cannot take delivery of ordered item(s) when the item(s) arrive in store customers will be required to pay the balance owing within 14 days of the arrival in store.
The item(s) can then be held at Oliver Birch pending storage availability and delivery for maximum of one month. After this time, Oliver Birch cannot continue to store the item(s) and will not be liable for any damage. Oliver Birch will organise delivery of the item(s) to a nominated storage location. Storage and related costs becomes the responsibility of the customer.
OWNERSHIP OF GOODS
20. Goods remain the property of Oliver Birch until full and final payment has been received.
21. Risk for the goods passes to the customer upon delivery.
22. Assembly of your new furniture is a service provided free of charge, unless required to be done ‘on-site’. Please contact us for more details regarding ‘on-site’ assembly.
OUT OF STOCK ITEMS
23. If your item is out of stock, you will be given the option to withdraw your order completely. We will always inform you of the status of the item you have ordered, and the expected date of arrival if it is out of stock.
24. If your order is cancelled as a result of the stock not being available immediately and you don’t wish to wait for it to come into stock we will refund you in full. If your order is cancelled as a result of you changing your mind a 20% re-stocking fee applies of total sale amount.
25. We do not accept returns under the following circumstances: * You are negligent in caring for your item resulting in damage * Natural wear and tear caused after delivery * Change of mind * Incorrect colour selection
TERMS & CONDITIONS ALTERATIONS
26. Oliver Birch reserves the right to amend our terms and conditions when necessary. Terms and conditions in force at time of purchase will be applicable to your order. Notwithstanding any other provision of this contract Oliver Birch shall continue to be subject to any implied warranty provided by the Trade Practices Act 1974 (as amended) if and to the extent that this Act is applicable to these terms and conditions and prevents the exclusion or modification of any such warranty.
27. You agree that your access, and use of, the Oliver Birch website (www.oliverbirch.com.au) is at your own risk and is subject to these terms and applicable consumer laws. The information on this website is for information only, while we aim to provide accurate and current information at all times, sometimes errors do occur. We attempt to display the product colours and finishes as accurately as possible, however there may be some variations due to the viewing settings on your electronic device. Oliver Birch makes no warranties of any kind as to the operation of our website or the information, content, materials or products included on this site. We cannot guarantee that the colour accurately reflects the real colour of any items. If you have any concerns relating to colour or finish, please contact our store. Oliver Birch is not liable for any products being unavailable or your inability to access the website. To the fullest extent permitted by law Oliver Birch will not be liable for any damage or loss arising out of the use of this website.